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Words: | Submitted: Mon Feb 09 2004
... briefly, and their judgments. Having done so, we must define the nature of the issues in the cases, thus being able to establish the nature or the usurpation in question. Subsequently we shall address the justifications for these judgments, as these are the major arguments against usurpation, by the courts. Consequently we must view the arguments for usurpation. Thus if it so evaluated that the courts have usurped the treaty making function. Was this done under the thin guise of interpretation? The role of the ECJ can be summed up as 'interpreter of the treaties and their limits.'[fn3] The main provisions governing the ECJ are Articles 220 to 245 (ex 164 to188) and Article 46 (ex L) in addition to these main provisions; there are also articles which empower the court via various methods. Article 220 (ex 164) is of particular importance, as this has figured most prominently in the court's shaping of its ...
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